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Terms and Conditions

Welcome to www.ProLifePayments.com!

These terms and conditions outline the rules and regulations for the use of PL Payments, Inc.'s Website, located at https://www.prolifepayments.com/.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use www.ProLifePayments.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refer to you, the person logging onto this website and compliant with the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refer to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect to the provision of the Company’s stated services, in accordance with and subject to the prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Cookies

We employ the use of cookies. By accessing www.ProLifePayments.com, you agree to use cookies in agreement with PL Payments, Inc.'s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

License Unless otherwise stated, PL Payments, Inc. and/or its licensors own the intellectual property rights for all material on www.ProLifePayments.com. All intellectual property rights are reserved. You may access this from www.ProLifePayments.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from www.ProLifePayments.com
  • Sell, rent or sub-license material from www.ProLifePayments.com
  • Reproduce, duplicate or copy material from www.ProLifePayments.com
  • Redistribute content from www.ProLifePayments.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PL Payments, Inc. does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PL Payments, Inc., its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, PL Payments, Inc. shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

PL Payments, Inc. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant PL Payments, Inc. a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PRO LIFE PAYMENTS, LLC; and (d) the link is in the context of general resource information.

We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of PL Payments, Inc.; and
(d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PL Payments, Inc. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of PL Payments, Inc.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

Reservation of Rights We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking guidelines.

Accounting & Portfolio Servicing Rights

The proper accounting and reporting for the servicing of the Portfolio owned and operated by PL Payments, Inc. in accordance with its ISO agreements (or other agreements with its service providers) provides that any merchant or entity conducting business with/through PL Payments, Inc. recognizes that it's merchant agreement is part of a larger portfolio managed by PL Payments, Inc. and by entering into an agreement with PL Payments, Inc., PL Payments, Inc. can:
- Transfer any of its merchant accounts under its portfolio management.
- Acquire additional merchant accounts under its portfolio management which may directly compete with any of its existing merchant accounts it currently maintains.

The benefits of servicing are expected to meet or exceed "adequate compensation" defined as "the amount of benefits of servicing that would fairly compensate the service provider and/or portfolio management and said compensation is outlined in the service agreement between the merchant and PL Payments, Inc. Said compensation would transfer to the new service provider / portfolio management in such an event of a transfer as outlined above.

Fees and Pricing

Payment processing agreements are defined in the signed and executed agreement between the merchant and PL Payments, Inc. and its processing partners. These agreements define the intricate process of accepting and processing payments and shared liabilities. This includes, but is not limited to authorization, capture, settlement, refund and chargeback processes. Any quoted rates or ranges provided on the PL Payments, Inc. website or any of its subsidiaries are subject to change and fluctuation based on market processes and service providers.

You agree to pay fees (processing fees, platform fees (where applicable), passthrough fees, etc), costs escalations, assessments, tariffs, penalties, fines, claims or other items under this Agreement or the Operating Regulations. We (or our service providers) will periodically calculate your fees and charges and includes these fees as a debit of any monthly income to collect the amounts owed with appropriate supporting documentation provided evidencing proof and justification for said deduction / debit. We have the right to assess some or all of the fees and charge via separate or combined service invoice(s). We will charge you for any fines, fees, penalties, expenses, sponsorship fees, or other amounts assessed by Member Bank(s) and/or third parties or incurred as a result of your actions, omissions, or use of the Services, or those we incurred on your behalf under the Operating Regulations, the Rules, or Laws governing these transaction / payment activities.

PL Payments, Inc., and or its service providers will provide appropriate reporting which provides sufficient detail to enable merchants to see and verify all fees assessed including processing fees, platform fees (where applicable), passthrough fees, etc. Merchants are responsible for verifying the accuracy of the report and must notify PL Payments, Inc. within one-hundred and eighty (180) days of any issues whatsoever with the reporting / fee structures. Merchant's failure to timely report any issues to PL Payments, Inc. in accordance with this paragraph will result in the merchant's permanent and irrevocable waiver of the issue and a complete release of PL Payments, Inc. for any liability associated with the issue, and any duty to investigate or otherwise address the issue. Likewise, PL Payments, Inc., shall have one-hundred and eighty (180) days to correct any billing errors made in the merchant's favor to recover funds due to PL Payments, Inc. Billing errors in the merchan'ts favor not corrected within one-hundred and eighty (180) days will not be recoverable by PL Payments, Inc. unless the error was based on incorrect information from a third-party (including, by way of example only, the sponsor bank or processing partner). In that case, PL Payments, Inc. shall have one-hundred and eighty (180) days from when it learns of the third-party error to correct billing to the platform.

"Passthrough Fees" means any fees; including, but not limited to interchange, discount rates, dues, fees, assessments, platform fees (where applicable) assessed by a Payment Network or Service Provider.

"Payment Network" refers to each of Visa, MasterCard, American Express, Discover, and/or any other card network issuing credit or debit cards, and, for purposes of this agreement, further includes, the Payment Card Industry Security Standards Council.

"Service Provider" refers to the processing partners, payment gateways, payment processors or other partner providing the services for the data connectivity between the merchants and the Payment Networks defined herein.

Exclusivity

Any agreement and established relationship with PL Payments, Inc. is a "requirements contract". This means you shall exclusively receive the service from PL Payments, Inc. and it's service providers. However, we have no obligation to process a Visa or MasterCard (or other processor) transaction beyond the authority of a U.S. member of said processor or to process with any processor outside of the United States. Merchant agrees that Processor is the Merchant's exclusive provider, at all of your locations, of the Services and any services that are the equivalent of the Services available from another provider, including any Supplier that incorporates your goods and/or services.

Arbitration, Governing Law, Jury Waiver, and Class Action Waiver

The Agreement and any dispute, difference, controversy, or claim directly or indirectly arising out of, relating to, or otherwise in connection with it or its subject matter or formation (including non-contractual disputes, differences, controversies or claims) (a “Claim”) shall be governed by and shall be construed, resolved, and enforced in accordance with the Laws of the State of Delaware without regard to that state’s choice-of-law provisions or principles. Except as otherwise provided in this Section, each party irrevocably agrees that any such Claim shall be resolved by arbitration state of Delaware, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including, when applicable, the AAA procedures for Large, Complex Commercial Disputes but expressly excluding in all cases the AAA Supplementary Rules for Class Arbitrations). The parties hereby confirm their agreement that no Claim on behalf of or against a class or purported class may be asserted in such an arbitration; nor may any Claim for the benefit of or on behalf of the general public or other Claim as a private attorney general be asserted, or any collective Claim or Claim consolidated with another arbitration. The arbitrator shall decide any issues submitted in accordance with the provisions and commercial purposes of the Agreement and shall not have the power to award punitive, exemplary, or special damages or damages other than those described in the Agreement. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as may be required by law, or if necessary, to obtain a judgment on the award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Each party agrees that a Claim of any breach of any of the confidentiality, non-use, and intellectual property obligations of the Agreement and/or of any infringement, ownership, and enforceability of any intellectual property right may result in irreparable injury to the other for which money damages would not adequately compensate, and each party shall be entitled to seek an injunction for any such Claim. Notwithstanding any section herein, each party irrevocably: (a) agrees that the Delaware state courts, shall have exclusive jurisdiction to adjudicate any such Claim described herein, and consents to submit itself to the personal jurisdiction of such courts in connection with any such Claim; (b) agrees that such courts shall be the proper venue therefor; (c) waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought; and (d) waives the right to trial by jury in any such action or proceeding.

Class Action Waiver: You and/or your guarantor also waive any right to participate in a class action against PL Payments, Inc., any of its service providers and.or any of its member banks.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- This checks off a large portion of my takeaways I've been working on which includes the passthrough fees and selling of the portfolio. BUT it also includes more strength overall.

Important to remember; I'm not an attorney and there are probably still gaps that should be assessed by an attorney who has experience and specializes in payments and contracts and can help us strengthen these terms and conditions even more. If you look at the processing agreement for Worldpay / Navient (for example); you'll see there are items we should eventually consider folding in....

I provided the link to that agreement / terms and conditions below for you reading pleasure:

https://images.navient.com/msb/docs/merchant-processing-agreement-terms-and-conditions.pdf